This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.nytimes.com/2019/05/15/us/state-abortion-laws.html

The article has changed 7 times. There is an RSS feed of changes available.

Version 0 Version 1
‘The Time Is Now’: States Are Rushing to Restrict Abortion, or to Protect It Alabama Governor Signs Nation’s Most Restrictive Abortion Law
(32 minutes later)
WASHINGTON — In April, Indiana placed a near-total ban on the most common type of second-trimester abortion in the state. WASHINGTON — Gov. Kay Ivey of Alabama signed the nation’s most restrictive abortion law on Wednesday, effectively banning the procedure in the state altogether in a move that activists hope will force a Supreme Court challenge to the nationwide right to an abortion.
“To the bill’s many supporters, this legislation stands as a powerful testament to Alabamians’ deeply held belief that every life is precious and that every life is a sacred gift from God,” Gov. Ivey said in a statement. “To all Alabamians, I assure you that we will continue to follow the rule of law.”
The move comes as states across the country are passing some of the most restrictive abortion legislation in decades, deepening the growing divide between liberal and conservative states and setting up momentous court battles that could profoundly reshape abortion access in America.
In April, Indiana placed a near-total ban on the most common type of second-trimester abortion in the state.
Days later, Ohio passed a bill banning abortion in the very early weeks of pregnancy after a fetal heartbeat is detected.Days later, Ohio passed a bill banning abortion in the very early weeks of pregnancy after a fetal heartbeat is detected.
Now this week, Alabama has voted to effectively ban the procedure altogether.
States across the country are passing some of the most restrictive abortion legislation in decades, deepening the growing divide between liberal and conservative states and setting up momentous court battles that could profoundly reshape abortion access in America.
“This has been the most active legislative year in recent memory,” said Steven Aden, general counsel of Americans United for Life, an anti-abortion group.“This has been the most active legislative year in recent memory,” said Steven Aden, general counsel of Americans United for Life, an anti-abortion group.
The national race to pass new legislation began last fall, when President Trump chose Brett M. Kavanaugh to replace Justice Anthony M. Kennedy on the Supreme Court, adding what some predicted would be a fifth vote to uphold new limits on abortion. Red states rushed to pass more restrictions and blue states to pass protections.The national race to pass new legislation began last fall, when President Trump chose Brett M. Kavanaugh to replace Justice Anthony M. Kennedy on the Supreme Court, adding what some predicted would be a fifth vote to uphold new limits on abortion. Red states rushed to pass more restrictions and blue states to pass protections.
Now, as state legislative sessions draw to a close nationwide, experts count about 30 abortion laws that have gone into effect. That is not necessarily more than in past years, said Elizabeth Nash, a legal expert at the Guttmacher Institute, which supports abortion rights.Now, as state legislative sessions draw to a close nationwide, experts count about 30 abortion laws that have gone into effect. That is not necessarily more than in past years, said Elizabeth Nash, a legal expert at the Guttmacher Institute, which supports abortion rights.
What’s different is the laws themselves, which have gone farther than ever to frontally challenge Roe v. Wade, the Supreme Court’s 1973 ruling that established federal protections for abortion.What’s different is the laws themselves, which have gone farther than ever to frontally challenge Roe v. Wade, the Supreme Court’s 1973 ruling that established federal protections for abortion.
“This is a very serious situation,” Ms. Nash said. “We are really facing a point at which the courts may make a shift on abortion rights.”“This is a very serious situation,” Ms. Nash said. “We are really facing a point at which the courts may make a shift on abortion rights.”
[Alabama Governor Signs Abortion Bill. Here’s What Comes Next.]
For years, state legislatures have taken bites out of abortion access through laws that often failed in the courts. But over time, the courts have grown more sympathetic, and a broad swath of the country’s middle and south now has minimal access to the procedure. Six states each have only one abortion clinic left: Kentucky, Mississippi, Missouri, North Dakota, South Dakota and West Virginia.For years, state legislatures have taken bites out of abortion access through laws that often failed in the courts. But over time, the courts have grown more sympathetic, and a broad swath of the country’s middle and south now has minimal access to the procedure. Six states each have only one abortion clinic left: Kentucky, Mississippi, Missouri, North Dakota, South Dakota and West Virginia.
But Mr. Trump’s changes on the Supreme Court have altered the terms of the fight, filling anti-abortion activists with hope that their 40-year effort to overturn Roe entirely might finally succeed.But Mr. Trump’s changes on the Supreme Court have altered the terms of the fight, filling anti-abortion activists with hope that their 40-year effort to overturn Roe entirely might finally succeed.
“There are many states that believe that the time is now for the Supreme Court to reconsider the blanket prohibition that Roe v. Wade expressed,” Mr. Aden said.“There are many states that believe that the time is now for the Supreme Court to reconsider the blanket prohibition that Roe v. Wade expressed,” Mr. Aden said.
Fetal heartbeat bills had been at the fringes of the anti-abortion movement for years. Ohio became the first state to try to pass one in 2011, but the state’s largest anti-abortion group, Ohio Right to Life, didn’t even push hard for it. Its legal chances seemed slim, given the direct challenge it presented to established Supreme Court precedent.Fetal heartbeat bills had been at the fringes of the anti-abortion movement for years. Ohio became the first state to try to pass one in 2011, but the state’s largest anti-abortion group, Ohio Right to Life, didn’t even push hard for it. Its legal chances seemed slim, given the direct challenge it presented to established Supreme Court precedent.
That changed last year, when Mr. Trump named Mr. Kavanaugh to the court. A heartbeat bill sped through the Ohio Legislature this year and was signed into law by Gov. Mike DeWine in April.That changed last year, when Mr. Trump named Mr. Kavanaugh to the court. A heartbeat bill sped through the Ohio Legislature this year and was signed into law by Gov. Mike DeWine in April.
Three other states have passed such laws this year: Georgia, Kentucky and Mississippi. More are moving through the legislatures of 11 states, Ms. Nash said, including one in Louisiana that cleared a hurdle on Wednesday.Three other states have passed such laws this year: Georgia, Kentucky and Mississippi. More are moving through the legislatures of 11 states, Ms. Nash said, including one in Louisiana that cleared a hurdle on Wednesday.
Many of the laws being passed to restrict abortion will not go into effect, at least not now. Abortion rights advocates are challenging them in court. But anti-abortion campaigners say that’s exactly the outcome they want.Many of the laws being passed to restrict abortion will not go into effect, at least not now. Abortion rights advocates are challenging them in court. But anti-abortion campaigners say that’s exactly the outcome they want.
“There’s only one way to get a case before the U.S. Supreme Court — someone has to sue us, and that happened today,” said Michael Gonidakis, the president of Ohio Right to Life in Columbus.“There’s only one way to get a case before the U.S. Supreme Court — someone has to sue us, and that happened today,” said Michael Gonidakis, the president of Ohio Right to Life in Columbus.
He pointed out that Mr. Trump has appointed several judges to the United States Court of Appeals for the Sixth Circuit, often a crucial final stop before the Supreme Court. “We are very encouraged that we are going to have great success,” Mr. Gonidakis said.He pointed out that Mr. Trump has appointed several judges to the United States Court of Appeals for the Sixth Circuit, often a crucial final stop before the Supreme Court. “We are very encouraged that we are going to have great success,” Mr. Gonidakis said.
B. Jessie Hill, a lawyer who helped file a legal challenge to Ohio’s law on behalf of the American Civil Liberties Union on Wednesday, said, “I genuinely think that the future of Roe is the most precarious it has ever been since 1973.”B. Jessie Hill, a lawyer who helped file a legal challenge to Ohio’s law on behalf of the American Civil Liberties Union on Wednesday, said, “I genuinely think that the future of Roe is the most precarious it has ever been since 1973.”
Liberal-leaning states are moving, too. Ms. Nash said about nine states are considering some type of legislation that would strengthen abortion rights. New York passed a law protecting abortion in later stages of pregnancy, and similar laws are now moving in Vermont and Rhode Island. Some states, including Nevada and New Mexico, are also working to repeal old restrictions that have been on the books for decades, to prevent them from being enforced if Roe were overturned.Liberal-leaning states are moving, too. Ms. Nash said about nine states are considering some type of legislation that would strengthen abortion rights. New York passed a law protecting abortion in later stages of pregnancy, and similar laws are now moving in Vermont and Rhode Island. Some states, including Nevada and New Mexico, are also working to repeal old restrictions that have been on the books for decades, to prevent them from being enforced if Roe were overturned.
On Wednesday morning, about 100 reproductive health care providers and advocates fanned out across the Illinois State Capitol to urge lawmakers to take up the Reproductive Health Act, which would protect abortion rights.On Wednesday morning, about 100 reproductive health care providers and advocates fanned out across the Illinois State Capitol to urge lawmakers to take up the Reproductive Health Act, which would protect abortion rights.
After visiting four offices, Dr. Erin King, the executive director of Hope Clinic for Women in Granite City, said preserving abortion rights in Illinois was important because so many surrounding states have passed restrictive laws, and women travel to clinics in Illinois for care.After visiting four offices, Dr. Erin King, the executive director of Hope Clinic for Women in Granite City, said preserving abortion rights in Illinois was important because so many surrounding states have passed restrictive laws, and women travel to clinics in Illinois for care.
“Every time I go to sleep and wake up, there is a new law in a state around us that is either restricting abortion further or essentially banning it,” she said. “If you told me this was going to happen a year ago, I would not have believed it.”“Every time I go to sleep and wake up, there is a new law in a state around us that is either restricting abortion further or essentially banning it,” she said. “If you told me this was going to happen a year ago, I would not have believed it.”
State Representative Kelly M. Cassidy, a co-sponsor of the Illinois bill, said she remained hopeful that it would be passed before the legislative session ends on May 31.State Representative Kelly M. Cassidy, a co-sponsor of the Illinois bill, said she remained hopeful that it would be passed before the legislative session ends on May 31.